By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
For internationally mobile families, Belgium often plays a central role in divorce, custody, and financial planning. As both a HAGUE Convention jurisdiction and an EU Member State with highly formalized matrimonial property rules, Belgium requires careful coordination between child-related proceedings and marital agreements, particularly where spouses or children move across borders.
International Child Abduction and the Hague Framework
Belgium is a Contracting State to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Belgian courts therefore apply the Convention’s return mechanism in cases involving the wrongful removal or retention of a child across international borders.
Hague proceedings in Belgium are procedurally distinct from divorce and custody cases. The court’s focus is narrow: habitual residence, wrongful removal or retention, and the limited Convention defenses. A pending Belgian divorce, or a foreign custody order, does not automatically confer jurisdiction to determine long-term custody if the child’s habitual residence lies elsewhere.
For parents navigating cross-border separation, early coordination between Hague strategy, divorce filings, and jurisdictional timing is critical. Actions taken in one country can directly affect remedies available in Belgium.
Divorce and Matrimonial Property Regimes in Belgium
Divorce in Belgium is closely tied to the parties’ matrimonial property regime, which governs asset division upon separation.
Absent a marriage contract, spouses are automatically subject to Belgium’s statutory regime, which combines separation of premarital property with a community of assets acquired during the marriage. This default regime applies regardless of nationality unless the spouses opt out through a formal marriage contract.
Belgian law allows spouses to tailor their financial relationship through prenuptial or postnuptial agreements, but only if strict formalities are met.
Marriage Contracts: Structure and Limits
Any marriage contract governed by Belgian law must be executed as a notarial deed before a Belgian notary, who is legally required to remain neutral and to ensure both parties understand the consequences of the agreement. Contracts that are manifestly unbalanced or contrary to public order risk invalidation.
Belgian law imposes firm substantive limits. Spouses may not:
- Waive spousal maintenance rights in advance of divorce
- Alter fundamental marital duties
- Circumvent mandatory rules governing property management
While asset disclosure is not mandatory for premarital agreements, it may be required when modifying an agreement during the marriage.
Registration, Enforceability, and Third Parties
Formal registration is essential to enforceability. Marriage contracts must be recorded in the Central Register of Marriage Contracts, and certain clauses, particularly those affecting inheritance or third parties, require additional registration. Failure to comply can render provisions unenforceable against creditors or other third parties, even if valid between spouses.
Recognition of Foreign Agreements
Belgium recognizes foreign prenuptial and postnuptial agreements under its Code of Private International Law and, where applicable, EU Regulation 2016/1103. Recognition is never automatic; agreements remain subject to Belgian public-policy review, making advance jurisdictional planning essential in international marriages.
Strategic Cross-Border Considerations
In cross-border family matters, Belgian law combines predictability with formality. HAGUE child-abduction proceedings, divorce filings, and marital contracts must be aligned carefully to avoid unintended consequences, particularly where assets, children, or businesses span multiple jurisdictions.
At Multi-Jurisdictional Divorce, PLLC, we advise clients on how Belgian divorce law, Hague Convention obligations, and matrimonial property regimes interact within a broader international strategy, working closely with Belgian notaries and counsel to ensure enforceable, coordinated outcomes. When Belgium is part of your family’s legal landscape, precision from the outset can make all the difference.